SUSAN REJI SAMUEL v. UNION OF INDIA

J.B. Koshy & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -O.P.NO. 30404 of 2000-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2007JUDGMENTT.R. Ramachandran Nair, J.The applicant before the Tribunal is the petitioner in the originalpetition. She responded to the notification issued by the RailwayRecruitment Board inviting applications for the post of Draftsman 'B'(Civil), etc. all carrying the same scale of pay of Rs.1400-2300. She gaveher willingness for appointment by showing order of preference in threedifferent posts. At the time of interview, she submitted fresh proformaindicating her first choice to the post of Senior Draftsman/Draftsman 'B”.When the common rank list was published, she was offered appointment asa Permanent Way Inspector in Grade III. She accepted the offer andunderwent the training also. In view of the nature of duties, she submitted arequest dated 26.11.1990 before the third respondent for change of categoryas Senior Draftsman, since according to her, there was only a commonranking for all the posts. Even though her application was considered, shewas informed that for allowing change of category, she would be given onlythe lower post of Apprentice Asst. Draftsman with a reduced scale of pay. OP 30404/2007-2-The petitioner has got a case that even though initially she expressed herwillingness for the said course, before any action was taken upon it, shewithdrew her willingness and renewed her request that she be considered fora posting as Draftsman 'B'. The petitioner was relieved as Asst. Draftsmanas per order dated 24.7.1991 of the competent authority. This led to herfiling O.A. No.893/1996 wherein a direction was issued to consider herrepresentation by the first respondent General Manager. Since the requestof the petitioner did not find favour with the respondents, she filed thepresent O.A.No.1149/1997. By Ext.P4, the Tribunal rejected the same. Challenging the said order of the Tribunal, the petitioner filed this originalpetition.

The Tribunal took the view that the applicant never applied for thepost of Senior Draftsman and her posting as Apprentice Asst. Draftsmanwas specifically on her acceptance of the lower post. Therefore, the Tribunal rejected the prayer to declare that she is entitled to be appointed tothe post of Senior Draftsman.

We see no ground to interfere with the above finding of the Tribunal. The petitioner accepted the offer to post her as Apprentice Asst. Draftsman and accordingly the Railway Administration granted the request. It cannot be said that the respondents have acted arbitrarily in the matter. Further, as far as the nature of duties are concerned, it is also evident thatthere is no discrimination between male and female and having competed OP 30404/2007-3-for the post, she cannot turn round and raise complaints regarding the natureof duties. It is also clear that the Railway Administration after consideringher difficulties, allowed her request for change of category for the post of Asst. Draftsman even though the said post is to be filled up 100% by directrecruitment. Even though initially she was not willing, finally sheexpressed her willingness to join as Asst. Draftsman by submittingacceptance letter. The change of stand thereafter cannot therefore bejustified and the action of the Railway Administration cannot be termed asillegal. The Tribunal in the impugned order, has further granted permissionto her to submit her unconditional willingness to accept appointment asPW1 Grade III without loss of seniority, etc. In the above circumstances, it cannot be said that the Tribunal hasacted perversely in rendering the impugned order. We see no ground tointerfere with the order under Article 227 of the Constitution of India. TheOriginal Petition is therefore dismissed. (J.B. Koshy, Judge.)(T.R. Ramachandran Nair, Judge.)kav/ OP 30404/2007-4-J.B. Koshy & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -O.P.NO. 30404 of 2000-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 27th day of March, 2007